HomeMy WebLinkAboutPlanning Permit # 7/8/1987 TOWN OF IORTH /'ANDOVER, MASSACHU:F"TTS
OF'F'ICE OIL .
CONSERVATION COMMISSION
NOgTht
TELEPHONE 693•-7105
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PURSUANT TO THE AUTHORITY OF THE WETLANDS PROTECTION ACT,
MASSACHUSETTS GENERAL LAWS CHAPTER 131, SECTION 40, AS AMENDED, AND
THE TOWN OF NORTH ANDOVER'S WETLAND PROTECTION 'BYLAW, THE NORTH ANDOVER
CONSERVATION COMMISSION WILL HOLD A PUBLIC HEARING ON July 8, 1987
AT 8:00 P.t1. AT THE TOWN BUILDING SELECTMEN'S MEETING ROOM, 120 MAIN STREET,
NORTH ANDOVER, MA ON THE NOTICE OF INTENT OF Channel Building Company In,-
TO ALTER LAND AT 125 Flagship Drive — FOR PURPOSES OF
Construction of Mfg. Facility, parking, storm drainage structures, utilities
and filling of a portion of a bordering vegetative wetland.
PLANS ARE AVAILABLE AT THE CONSERVATION COMMISSION OFFICE, TOW BUILDING,
120 MAIN STREET, NORTH ANDOVER, MA ON WEEKDAYS, FROM 8:30 to 4 :3.0 P.M. AND BY
APPOINTMENT.
BY: • GUILLERMO J. VICENS
CHAIRMAN, NACC
RUN ONCE IN THE North Andover Citizen ON July 2, 1987
cc: PLANNING BOARD
BOARD OF HEALTH
PUBLIC WORKS
HIGHWAY DEPT.
APPLICANT
ENGZNrrn
DEQE
FIRE CHIEF
Bldg. , Insp.
P � { � y1 V JJy gy d ,,✓ !
i I! -JjME"File No. 242-4
(To be p�° vided by DEOE)
1 . ,
L - CitylTawn North Andover
Commonwealth
of Massachusetts Applicant Channel Bld . Co, ]
125 Flagship Drive
Order of Conditions
Massachusetts Wetlands Protection Act,
G.L. c® 131 , §40
and under the Town' of North Andover Bylaw, Chapter 3. 5 A & B
From NORTH ANDOVER CONSERV TION COMMISSION .
To Channel Building Co, Inc. Business Park Realty Tru�Y
� Vt A licart)) .�,_--l/
..° ' P.0.BbX° 5e25f pro�3"MainnSt)reet
23 Main Street, Andover, MA 01810
Address Andover, M 0l$10 Address
This Order is Issued and delivered as follows: ,
O Iby hand delivery to applicant or representative on (date) '
O by certified mail, return receipt requested on (date)
This project Is located at Lot A - 125 Flagship Drive-, North Andover, MA
The properly Is recorded at the Registry of Northern Essex --
2045 Page 279
Book,,_
Certificate (if registered)
The Notice of Intent for this project was filed on (date)
The public hearing was closed on (date)
Findings
The has reviewed the above referenced Notice
.Intent and plans and has held a public'hearing on the project. Based or the information available to the
at this time, the has determined that
the area on which the proposed work Is to be done Is slgni(Icant to tho Following Interests in accordance wtt
the Presumptions of Significance set forth in the regulations for,each Ayea Subject to Protection Under the
Act(check as appropriate):
CK Public water supply N Storm damage prevention
Private watet supply 0 Prevention of pollution'
(� Ground water supply O' Land containing shellfish
Flood control El Fisheries
1
125 Flagship Drive Z 4 420
Therefore, the NA( - hereby finds that the following conditions are
necessary, in accordance,with the Performance Standards set forth in the regulations, to protect those inter-
ests checked above. The NACr orders that all work shall be performed
in accordance with said conditions and with the Notice of Intent referenced above. To the extent that the fol-
lowing conditions modify or differ from the plans, specifications'or other proposals submitted with the Notice
of Intent, the conditions shall control.
General Conditions
1 , f=ailure to comply with all'condiiions staled herein, and with all related statutes and other regulatory meas-
ures, shall be deemed cause to revoke or modify this;Order.
2. This Order does not grant any properly rirdhts or❑ny exclusive privileges' it does not authorize any injury
to private property or invasion of private rights.
3. This Order does not relieve the permiltee or any other person of the necessity of complying with all
other;applicable feder'0l, state or local statutes, ordinances, by-laws or regulations.
4. The work authorized hereunder shall be completed within three years from the date of this Order unless
either of the following apply:
(a) the work is a maintenance dredging project as provided for in the Act; or
(b) the limp: for completion has been extended to a specified date more than three years, but less Thar
five years, from the date of issuance and both that dale and the special circumstances warranting
the extended time period are-set forth in this Order.
5, This Order may be extended by the issuing authority for ono or rnorc periods of up t(�.three years each
upon application to the issuing authorily al least 30 days prior to the expiration date of the Order.
6. Any fill used in connection with this project:shall be clean fill, containing no trash, refuse rubbish or de-
bris, including but not limited to lumber, bricks, piaster, wire, lath, paper, cardboard, pipe, tires, ashes,
refrigerators, motor vehicles or parts of any of the foregoing.
7,• No work shall be undertaken until all administrative appeal periods.from.lhis Order have elapsed or, if
such an appeal has been filed, until all proceedings before the Department have been completed.
8. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land
Court for the district in which the land is located, within the chain of title of the affected property. In the
case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name
of the owner of the land upon which the proposed work is to be done. In the case of registered land, the
Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which
the proposed work is to be done. The recording information shall be submitted to the NACC
on the form at the end of this Order prior to commencement of the work.
9, A sign shall be displayed at the site not loss than two square feet or more than three square feet in'size
bearing the words, "Massachusetts Department of Environmental Quality Engineering,
File Number 242-420
10. Where Ine Department of Environmental Quality Engineering is requested to make a determination and
to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings
and hearings before the Department.
Q
11 . Upon completion of tho work described Herein, the applicant shall forthwith request in writing that a
Certificate of Compliance be issued staling that the work has been satisfactorily completed.
12, The work shall conform to the following plans and special conditions: "
- i -
Page 3
ORDER OF CONDITIONS 125 Flagship Drive D:E.Q. E. #242-420
12. The work shall conform to the following plans and additional conditions:
a. Notice of Intent submitted by Channel Building Company,
Inc. prepared by Thomas E. Neve Associates, Inc. ,
dated June 26, 1987. Seven (7) sheets.
b. Hydrologic Calculations prepared by Thomas E. Neve Associates,
Inc. , entitled "Kenics/Channel - NABP/Flaghip" dated June 18,
1987. Twenty-(20) sheets.
C. Plans entitled "Kenics Inc: Pre-Development Hydrology and Post-
Development Hydrology" prepared by Thomas E. Neve Associates,
Inc. dated June 18, 1987. Revised July 22, 1987 Two (2) sheets.
Two (2) sheets.
d. Letter from Channel, dated July 10, 1987 One (1) sheet.
e. Letter from Channel, dated July 29, 1987 One (1) sheet.
f. Letter from Channel, dated July 29, 1987 One (1) sheet.
g. Memo from Fire Chief Dolan to NACC, dated August 18, 1987.
Three Pages (3) Two Page of this to the Town Planner.
13. The following wetland resource areas are affected by the proposed work:
bank, land under water, bordering land subject to flooding, and bordering
vegetated wetland. These resource areas are significant to the interests
of the Act and town Bylaw as noted above. These resource areas are also
significant to the wildlife and recreation interests of the Bylaw. The
applicant has not attempted to overcome the significance of these resource
areas to the identified interests.
14. The NACC agrees with the applicant's delineation of the wetland resource
areas at the site. Much of the upland on this site was created by filling
of wetland areas as allowed under Files #242-96 and #242-215.
15. In advance of any work on this project the applicant shall notify the NACC,
and at the request of the NACC, shall arrange an on-site conference among
the NACC, the contractor, and the applicant to ensure that all of the
Conditions of this Order are understood. This Order also shall be made a
part of the contractor's'written contract.
16. The applicant, or its successors, shall notify the NACC in writing of the
identity of the on-site construction supervisor hired to coordinate con-
struction during the work on the site and to ensure compliance with this
Order.
Page 4
ORDER OF CONDITIONS 125 'Flagship Drive D.E.Q.E. #242-420
17. Commencing with the issuance of this Order, and continuing through the
existence of same, the applicant shall submit to the NACC a written
progress report every two (2) months detailing what work has been done
in or near resource areas, and what work is anticipated to be done over
the next period. The first of these reports shall include specific
dates (by month) for each major item in the construction schedule.
18. Prior to any activity on the site, a double row of staked hay bales
shall be placed between all construction areas and wetland areas per
Soil Conservation Service or D.E.Q.E. standards. This barrier shall be
inspected and approved by the NACC prior to start of construction.
This row of hay bales or filter fabric shall remain intact until all
disturbed areas have been mulched, seeded, and stabilized to prevent
erosion.
19. The applicant shall have on hand at the start of any soil disturbance,
removal or stockpiling, a minimum of fifty (50) hay bales and sufficient
stakes for staking these bales. Said bales shall be used only for the
control of emergency erosion problems, and shall not be used for the
normal control of erosion, as described in the Erosion Control Plan
submitted with the Notice of Intent or the hay bale barrier described
in Condition No. 18.
20. Upon completion of construction and grading, all disturbed area located
outside resource areas shall be stabilized permanently against erosion.
This shall be done either by sodding, or by loaming, seeding, and
mulching according to Soil Conservation Service standards. If the
latter course is chosen, stabilization will be considered once the
surface shows complete vegetative cover has been achieved.
21. No earthen embankment in the buffer zone shall have a slope steeper than
2: 1. Any slopes of steeper grade shall be rip-rapped to provide permanent
stabilization. All slopes on the inside of the proposed detention ponds
shall be no steeper than 3: 1.
22. All erosion prevention and sedimentation protection measures found
necessary during construction by the NACC will be implemented at the
direction of the NACC.
23. There shall be no stockpiling of soil or other materials within 25 feet
of any resource area.
24. During and after work on this project, there shall be no discharge or
spillage of fuel, oil, or other pollutants into any resource area.
25. Any changes in the submitted plans, Notice of Intent, or resulting from
the aforementioned conditions must be submitted to the NACC for approval
prior to implementation. If the NACC finds, by majority vote, said
changes to be significant and/or to deviate from the original plans,
Page 5
ORDER OF CONDITIONS 125 Flagship Drive D.E.Q.E.#242-420
25. . .Continued
Notice of Intent or this Order of Conditions to such an extent that
the interests of the Wetlands Protection Act and Bylaw cannot be
protected by this Order of Conditions and would best be served by
the issuance of additional Conditions, then the NACC will call for
another public hearing within 21 days, at the expense of the applicant,
in order to take testimony from all interested parties. Within 21
days of the close of said public hearing, the NACC will issue an
amended or new Order of Conditions.
26. Any errors found in the plans or information submitted by the applicant
shall be considered as changes, and procedures outlined above for
changes shall be followed.
27. Members of the NACC shall have the right to enter upon and inspect
the premises to evaluate compliance with this Order of Conditions.
28. Accepted engineering and construction standards and procedures shall
be followed in the completion of the project.
29. The provisions of this Order shall apply to and be binding upon the
applicant, its employees, and all successors and assigns in interest
or control.
30. Issuance of these Conditions does not in any way imply or certify that
the site or downstream areas will not be subject to flooding, storm
damage, or any other form of damage due to wetness.
31. A proper bond or a deposit of money or negotiable securities running to
the Town of North Andover shall be provided in the amount of $5,000.00,
which shall be in all respect satisfactory to Town Counsel, Town
Treasurer, and the NACC, and shall be posted with the Treasurer of the
Town of North Andover before commencement of work. Said bond or deposit
of money shall be conditioned on the completion of all Conditions
hereof, shall be signed by a party or parties satisfactory to the NACC
and Town Counsel, and shall be released after completion of the project,
provided that provision, satisfactory to the NACC, has been made for
performance of any Conditions which are of a continuing nature. This
Condition is issued under the authority of the Town of North Andover
Wetlands Protection Bylaw.
32. In addition to the requirements of Conditions No. 11, the applicant
shall submit a letter to the NACC from a registered professional civil
engineer certifying compliance with this Order of Conditions. Said
letter will certify, but not be limited to the following:
Page 6
ORDER OF CONDITIONS 125 Flagship Drive D.E.Q.E.#242-420
a. "As-Built" elevations of all drainage ways
constructed within 100 feet of any wetland
resource area.
b. "As-Built" elevations and grades of all
filled or altered wetland resource areas.
c. Distances to all structures and alterations
within 100 feet of any wetland resource
areas
An "As-Built" topographic plan of all areas within thh
jurisdiction of the Wetlands Protection Act and Bylaw
shall be submitted when a Certificate of Compliance
is requested.
33. This Order of Conditions is issued in addition to those issued under
File No. 242-215.
34. All effluent catch basins shall contain oil/gasoline traps, and it shall
be a continuing Condition of this Order, even after a Certificate of
Compliance is issued, that the oil/gasoline traps in the catch basins
be maintained.
35. No underground storage of fuel oils shall be allowed on any lot within
one-hundred (100) feet of any wetland resource area. This Condition
shall survive this Order of Conditions, and shall run with the title
of the property.
36. Fertilizers utilized for landscaping and lawn care shall be of the low
nitrogen content variety, and shall be used in moderation. Pesticides
and herbicides shall not be used on any lot in the subdivision within
100 feet of a wetland resource area.
37. The applicant has chosen to file a Notice of Intent for the project
considered herein which involves only a portion on an overall site and
a project that is presently under design and b eing evaluated by the
Town's planning agencies. The NACC hereby approves the project proposed
under this file since it involves no wetland resource area alteration,
although it would have prefered to consider and decide on a complete
site and project Notice of Intent. Should development of the remainder
of the site require filling of wetland areas because of flexibility lost
or constraints imposed by development of the portion of the site
considered here, the NACC will not consider such filling to be in the
interests of the Act or Bylaw and will most likely not allow it.
125 Flagship Drive DEQE ;✓242-420
Issued By
No..th A dover o se ation Commission
Signatures)
Ct
This Order must be signed by a majority of the Conservation Commission.
On this 12th day of August 19187 , before me
personally appeare ' Jack Lindon _ , to me known to be the
person described in and who executed the foregoing Instrument and acknowledged that he/she executed
the same as his/her free act and deed.
r GCiLOC'- L 2L r;C
hlotary Public My commission pireg
The applicant,the owner,any person aggrieved by this Order,any owner of land abutting the land upon which the proposed work Is 10
be done or any ten residents of the city or town in which such land Is located are hereby notified of their right to request the Department
of Environmental Quality Engineering to Issue a Superseding Order,providing the request is made by certified mail or hand delivery id'
the Department within ton days from the date of Issuance of this Order.A copy of the tequcst&hail at the samo time be sent by certified
mall or hand delivery to the Conservation Commission and the applicant.
If you wish to appeal this decision uMder the Town By Law, a complaint must be
filed in -Superior Court.
Detach on dotted line and submit to the NACC prior to commencement of work.
....»....»».».........,.».....».................».......................................................................... ................................................................
T _ Issuing Authority
`
Please be advised that the Order of Conditions for the project a
File Number 242-420 het been recorded at the Reolstry of end
has been noted In the chain of title of the affected property In accordance with General Condition 8 on . 19
If recorded land, the Instrument number which Identifies this transaction is
It registered land,the document number which identifies this transaction is
Applicant.
Slgn9ture
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